S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5927--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN, RIVERA, BIAGGI, BRISPORT, BROUK, COMRIE,
   COONEY, HARCKHAM,  HINCHEY,  JACKSON,  KAVANAGH,  LIU,  MANNION,  MAY,
   MAYER,  MYRIE,  PERSAUD,  RAMOS,  REICHLIN-MELNICK,  SALAZAR, SANDERS,
   SERRANO, STAVISKY -- read twice and ordered printed, and when  printed
   to  be  committed  to the Committee on Health -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to amend the public health law, in relation to enacting the New
   York State COVID-19 Health Registry Act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Article 21 of the public health law is amended by adding a
 new title 9 to read as follows:
                                  TITLE 9
                  NEW YORK STATE COVID-19 HEALTH REGISTRY
 SECTION 2185.   LEGISLATIVE FINDINGS AND PURPOSE.
         2185-A. DEFINITIONS.
         2185-B. NEW YORK STATE COVID-19 HEALTH REGISTRY.
         2185-C. ENROLLMENT AND ELIGIBILITY.
         2185-D. CONFIDENTIALITY.
         2185-E. ANNUAL REPORT.
   § 2185. LEGISLATIVE FINDINGS AND PURPOSE. 1.  THE  LEGISLATURE  HEREBY
 FINDS,  DETERMINES  AND  DECLARES  THAT  COVID-19  HAS HAD A DEVASTATING
 IMPACT ON THE STATE OF NEW YORK.  SINCE THE FIRST RECORDED  DEATH  OF  A
 NEW YORK RESIDENT FROM THE VIRUS ON MARCH FOURTEENTH, TWO THOUSAND TWEN-
 TY,  TENS OF THOUSANDS OF NEW YORKERS HAVE LOST THEIR LIVES TO COVID-19,
 AND OVER ONE AND A HALF MILLION CONFIRMED CASES HAVE BEEN  DIAGNOSED  AS
 OF  THE  EFFECTIVE DATE OF THIS ARTICLE.  THE SUDDEN EMERGENCE AND RAPID
 SPREAD OF COVID-19 AROUND THE WORLD HAS LED TO AN EVOLVING UNDERSTANDING
 OF THE TRANSMISSIBILITY, VIRULENCE, AND SYMPTOMS OF THE VIRUS BY  SCIEN-
 TISTS  AND  PUBLIC HEALTH EXPERTS THAT CONTINUES TO THIS DAY.  QUESTIONS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              
             
                          
                                                                            LBD09897-02-1
 S. 5927--A                          2
 
 REMAIN AS TO WHY APPROXIMATELY EIGHTY PERCENT  OF  THOSE  INFECTED  WITH
 COVID-19  EXPERIENCE MILD TO NO SYMPTOMS, WHILE THE REMAINDER EXPERIENCE
 A MORE SEVERE RESPONSE THAT CAN RESULT IN HOSPITALIZATION OR DEATH,  AND
 WEEKS-LONG  RECOVERIES  FOR  THOSE  WHO  SURVIVE.  THERE IS ALSO GROWING
 AWARENESS AND CONCERN ABOUT POST-COVID CONDITIONS, SOMETIMES REFERRED TO
 AS "LONG COVID," IN WHICH A SMALL BUT SIGNIFICANT PERCENTAGE OF PATIENTS
 EXPERIENCE PERSISTENT SYMPTOMS WEEKS OR  MONTHS  AFTER  RECOVERING  FROM
 THEIR INITIAL INFECTION.
   IT IS VITAL THAT THE STATE OF NEW YORK COMMIT TO MONITORING AND TRACK-
 ING THE LONG-TERM HEALTH IMPACTS OF COVID-19, EVEN AS EFFECTIVE VACCINES
 BECOME  MORE WIDELY AVAILABLE. THE ESTABLISHMENT OF A VOLUNTARY REGISTRY
 OF NEW YORKERS WHO SURVIVED COVID-19  INFECTION  HOLDS  THE  PROMISE  OF
 PROVIDING  PUBLIC HEALTH EXPERTS WITH A DATABASE OF INFORMATION THAT MAY
 LEAD TO A BETTER UNDERSTANDING OF TRENDS IN LONG-TERM ILLNESS AND RECOV-
 ERY, AND THE NEEDS  OF  SURVIVORS,  PARTICULARLY  THOSE  SUFFERING  FROM
 POST-COVID CONDITIONS.
   § 2185-A. DEFINITIONS. AS USED IN THIS TITLE:
   1. "COVID-19" MEANS INFECTION WITH OR THE DISEASE CAUSED BY THE SEVERE
 ACUTE RESPIRATORY SYNDROME CORONAVIRUS 2 (SARS-COV-2);
   2.  "REGISTRY"  MEANS THE COVID-19 HEALTH REGISTRY ESTABLISHED BY THIS
 TITLE.
   § 2185-B. NEW YORK STATE COVID-19 HEALTH REGISTRY. THE  DEPARTMENT  IS
 HEREBY  AUTHORIZED  AND  DIRECTED  TO  ESTABLISH  A  VOLUNTARY STATEWIDE
 COVID-19 HEALTH REGISTRY FOR THE PURPOSE  OF  MONITORING  THE  LONG-TERM
 HEALTH  IMPACTS  OF  THE VIRUS.   THE REGISTRY SHALL SERVE, AND SHALL BE
 ADMINISTERED CONSISTENT WITH, THE FOLLOWING PUBLIC HEALTH PURPOSES:
   1. MONITORING THE LONG-TERM PHYSICAL  AND  MENTAL  HEALTH  IMPACTS  OF
 COVID-19  INFECTIONS,  INCLUDING,  BUT NOT LIMITED TO, POST-COVID CONDI-
 TIONS;
   2. PERIODICALLY SURVEYING REGISTRY ENROLLEES TO GATHER RELEVANT INFOR-
 MATION FOR THE PURPOSES OF MONITORING THE LONG-TERM PHYSICAL AND  MENTAL
 HEALTH IMPACTS OF COVID-19 INFECTIONS;
   3.  SHARING,  SUBJECT  TO  THE CONFIDENTIALITY REQUIREMENTS OF SECTION
 TWENTY-ONE HUNDRED EIGHTY-FIVE-D OF THIS TITLE AND ANY OTHER  APPLICABLE
 STATE OR FEDERAL LAWS OR REGULATIONS, DE-IDENTIFIED SURVEY DATA OR OTHER
 REGISTRY INFORMATION WITH RESEARCHERS FOR THE PURPOSE OF MEDICAL, PUBLIC
 HEALTH OR OTHER SCIENTIFIC RESEARCH. AS A CONDITION OF SHARING SUCH DATA
 OR  INFORMATION, ANY SUBSEQUENTLY PUBLISHED STUDIES, REPORTS OR FINDINGS
 THAT USED SUCH DATA OR INFORMATION SHALL BE MADE AVAILABLE AT NO  CHARGE
 TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE; AND
   4.  PROVIDING ENROLLEES WITH INFORMATION ABOUT COVID-19-RELATED HEALTH
 STUDIES, PROGRAMS, BENEFITS, AND OTHER RELEVANT INFORMATION.
   § 2185-C. ENROLLMENT AND ELIGIBILITY. 1. THE INITIAL ENROLLMENT PERIOD
 FOR THE REGISTRY SHALL BEGIN NINETY DAYS AFTER  THE  EFFECTIVE  DATE  OF
 THIS  SECTION.  THE  COMMISSIONER  MAY SET A DATE UPON WHICH THE INITIAL
 ENROLLMENT PERIOD ENDS, BUT SUCH DATE SHALL NOT BE  PRIOR  TO  ONE  YEAR
 AFTER THE INITIAL ENROLLMENT PERIOD BEGINS.
   2.  THE  COMMISSIONER  MAY, AT HIS OR HER DISCRETION, ORDER ADDITIONAL
 ENROLLMENT PERIODS SUBSEQUENT TO THE INITIAL ENROLLMENT PERIOD, OF  SUCH
 LENGTHS AS HE OR SHE DETERMINES.
   3.  THE  COMMISSIONER SHALL PROMULGATE REGULATIONS TO ESTABLISH ELIGI-
 BILITY FOR ENROLLMENT IN THE REGISTRY. ELIGIBLE PARTICIPANTS SHALL, AT A
 MINIMUM, INCLUDE NEW YORK RESIDENTS WHO RECEIVE A DIAGNOSIS OF  POST-CO-
 VID  CONDITIONS  MADE  BY  AN INDIVIDUAL LICENSED TO PROVIDE HEALTH CARE
 SERVICES WITHIN THE STATE OF NEW YORK.
 S. 5927--A                          3
 
   § 2185-D. CONFIDENTIALITY. 1. ALL REGISTRY INFORMATION SHALL  BE  KEPT
 CONFIDENTIAL  BY  THE  DEPARTMENT  AND MAY NOT BE DISCLOSED EXCEPT FOR A
 PERMITTED PURPOSE.
   2.  THE COMMISSIONER SHALL PROMULGATE REGULATIONS ESTABLISHING PERMIT-
 TED PURPOSES AND USES OF REGISTRY INFORMATION.
   (A) ALL SUCH REGULATIONS SHALL MAINTAIN THE ANONYMITY  OF  INDIVIDUALS
 ENROLLED  IN THE REGISTRY AND GOVERN ACCESS TO INFORMATION MAINTAINED BY
 THE REGISTRY.
   (B) IT SHALL NOT BE A PERMITTED PURPOSE  FOR  THE  DEPARTMENT  OR  ANY
 AUTHORIZED  USER OF THE REGISTRY TO PROVIDE INFORMATION CONTAINED IN THE
 REGISTRY WITH IMMIGRATION AUTHORITIES.
   3. THE REGISTRY SHALL COMPLY WITH ALL STATE AND FEDERAL LAWS AND REGU-
 LATIONS RELATED  TO  MAINTAINING  THE  PRIVACY  AND  CONFIDENTIALITY  OF
 RECORDS CONTAINED WITH THE REGISTRY.
   §  2185-E.  ANNUAL  REPORT. THE COMMISSIONER SHALL SUBMIT ON OR BEFORE
 DECEMBER FIRST, AN ANNUAL REPORT TO THE  GOVERNOR  AND  THE  LEGISLATURE
 CONCERNING THE OPERATION OF THE REGISTRY. THE FIRST SUCH REPORT REQUIRED
 UNDER  THIS SECTION SHALL BE PUBLISHED ON DECEMBER FIRST OF THE CALENDAR
 YEAR FOLLOWING THE COMMENCEMENT OF THE INITIAL ENROLLMENT PERIOD FOR THE
 REGISTRY, AND SHALL INCLUDE STRATEGIES FOR IMPLEMENTATION OF THE  REGIS-
 TRY AND FOR PROMOTING THE REGISTRY TO THE GENERAL PUBLIC, WITH A PARTIC-
 ULAR  FOCUS  ON  ELIGIBLE ENROLLEES BELONGING TO RACIAL OR ETHNIC GROUPS
 THAT HAVE BEEN DISPROPORTIONATELY IMPACTED  BY  THE  COVID-19  PANDEMIC.
 SUBSEQUENT  ANNUAL  REPORTS  SHALL  INCLUDE  THE FINDINGS OF ANY SURVEYS
 CONDUCTED BY THE DEPARTMENT OF REGISTRY ENROLLEES, THE FINDINGS  OF  ANY
 SCIENTIFIC  STUDIES,  PAPERS, OR REPORTS PRODUCED USING DATA OR INFORMA-
 TION COLLECTED IN THE REGISTRY, AND RECOMMENDATIONS FOR STATE ACTION  TO
 ADDRESS HEALTH ISSUES OR TRENDS IDENTIFIED BY THE DEPARTMENT.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.